HomeMy WebLinkAbout02-22-1965 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope, Alabama met in regular
session at the City Hall, Monday, February 22, 1965 with the following
members present: mayor Macon, Councilmen: R. J. Spader, Roy Reynolds,
Jack Stipes, J. E. Gaston, Jr., and R. H. Stine.
The minutes of the previous regular meeting were corrected to read
as follows:
Motion by Councilman Spader seconded by Councilman Stipes
that Ordinance No. 334, an Ordinance amending Ordinance No. 141
Section 20 introduced at the regular meeting of January 25, 1965 be
adopted as introduced. Upon being put to vote the following vote
was recorded: Voting for: Councilman Stipes, Spader and Reynolds.
Voting against: Councilman Gaston and Stine. Motion carried.
Minutes approved as corrected.
This being date set for hearing protests on paving assessments the
following protests were heard:
Ivxr. A. L. I4cLendon - Assessment too high compared to the
value of his land. Protested the paving at meeting of the Council
on July 8, 1963, but Council overruled protests.
irlotion by Councilman Stipes seconded by Councilman Gaston that the
following Resolution be adopted. Motion carried.
RESOLUTION
A RESOLUTION DETER14INING ALL OBJECTIONS AND
DEFENSES TO ASSESSMENTS FOR THE COST OF
IEYROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE
NO. 305 AND ASSESSING THE COST OF SAID IMPROVE-
MENTS UPON THE PROPERTY SPECIALLY BENEFITED
THETIEBY.
r BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
SECTION 1. That upon evidence duly presented to and
considered by it, the City Council does hereby make a finding and
determination of the following facts:
(a) The City Council of the City of Fairhope, Alabama
adopted an ordinance on, to -wit, the 10th day of June, 1963,
entitled "I14PROVEDIENT ORDINANCE NO. 305; All ORDINANCE TO PROVIDE
CERTAIN IMPROVEMENTS ON ROSA AVENUE, PERDIDO AVENUE, SEMINOLE
AVENUE, TENSAW AVENUE, PENSACOLA AVENUE, PAT-LYNN DRIVE AND CUL-
DE-SAC, PATLYNN DRIVE AND VALLEY DRIVE, INGLESIDE AVENUE, TULIP
TERRACE, SATSUMA STREET, KIRKIJMI LANE, FRANCILLA CIRCLE, IVY CIRCLE,
BOONE LANE, PARK DRIVE AND SOUTH PATLYNN DRIVE, MAGNOLIA AVENUE,
BANCROFT STREET, AND JOHNSON STREET IN THE CITY OF FAIRHOPE, ALA-
BAMA. "
(b) Provision was made in said ordinance for the assessing
of the cost of said improvements against the property specially
benefited thereby.
(c) Said ordinance provided that said improvements should
be constructed in accordance with the details, drawings, plans,
surveys, specifications and estimates then ordered to be placed on
file in the office of the City Clerk where property owners who might
be affected by said improvements could see and examine the same.
(d) Said ordinance provided that the City Council would
meet on the 8th day of July, 1963, at the City Hall in the City of
Fairhope, Alabama, at 7:30 o°clock P. M. to hear any objections or
remonstrances that might be made to said improvements, the manner
of making the same or the character of the materials to be used.
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(e) Said ordinance was published once a week for two
consecutive weeks in the Fairhope Courier, a newspaper published and
of general circulation in the City of Fairhope, the first pub-
lication being made not less than two weeks prior to the 8th day
of July, 1963.
(f) A copy of said Improvement Ordinance No. 305 was sent
by registered mail, postage prepaid, to each of the persons last
assessing for city taxation the property proposed to be assessed
for said improvements at their last known addresses, said notices
having been so mailed more than ten days prior to the 8th day of
July, 1963.
(g) At a melting of the City Council held at the time and
place fixed in said published notice, all objections and protests
were heard and considered and said ordinance was duly confirmed, and
said improvements were finally ordered.
(h) Notice was given on the 15th and 22nd days of August,
19639 by publication in the Fairhope Courier asking for bids upon
all work and materials for the construction of the improvements,
the cost of which is hereinafter assessed, and a satisfactory bid
was received on the 9th day of September, 1963s and the City Council
of the City of Fairhop ,.as provided by law and said ordinance did,
on the L _day of � 1963, let the contract to make
such improvements to ams and Bouler Construction Company, the
lowest responsible bidder.
(i) Said improvements have been constructed, completed
and accepted in accordance with said ordinance and contract.
W The Mayor of the City of Fairhope has caused to be
prepared a roll or list showing the names of property owners, a
description of each lot or parcel of land proposed to be assessed
for such improvements and the amount proposed to be assessed
against each of said lots or parcels of land, and the same has been
)entered in a well -bound book, which was on the 10th day of October,
1964, at least twenty days before the date of this meeting delivered
to the City Clerk and continuously thereafter kept on file and open
for inspection in the cf fice of the City Clerk, the person authorized
to make collection of said assessments.
(k) The City Clerk has given the following notice by
publication in the Fairhope Courier, a newspaper of general circu-
lation in the City of Fairhope, in the issue of January 28, 1965;
NOTICE TO PROPERTY OWNERS
Notice is hereby given that the assessment roll or list,
Prepared in accordance with the law in such cases made and provided
under an ordinance entitled "IMPROVEMENT ORDINANCE N0, 305; AN
ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON ROSA AVENUE
PERDIDO AVENUE, SEMINOLE AVENUE, TENSAW AVENUE, PENSACOLA AVENUE,
PAT-LYNN DRIVE AND CUL-DE-SAC, PATLYN DRIVE AND VALLEY DRIVE,
INGLESIDE AVENUE, TULIP TERRACE, SATSUi',IA STREET, KIAKNL4N LANE,
FRANCILLA CIRCLE, IVY CIRCLE, BOONE LANE, PARK DRIVE AND SOUTH
PATLYNN DRIVE, MAGNOLIA AVENUE, BANCROFT STREET AND JOHNSON STREET
IN THE CITY OF FAIRHOPE, ALABAyIA", adopted on the 10th day of June,
1963 and confirmed on the 8th day of July, 1963 by the City Council
of the City of Fairhope, Alabama, has been delivered to me and is
open for inspection in the office of the City Clerk of the City of
Fairhope, Alabama, the person authorized to make collections of
assessments for improvements constructed under said Ordinance, and
that the City Council of the City of Fairhope, Alabama, will meet
on the 22nd day of February 1965, at the City Hall in the pity of
Fairhope, Alabama, at 7:30 o'clock P. M. to hear and determine any
objections, protests or defenses that may be filed to such proposed
assessments or the amounts thereof.
The general character of the improvements constructed
under said Ordinance consist of certain paving and guttering on
the following:
(1) Rosa Avenue from Section Street to Bon Secour Avenue.
(2) Perdido Avenue from Mobile Avenue to Section Street.
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Seminole Avenue from Mobile Avenue to Section Street.
Tensaw Avenue from Mobile Avenue to Pensacola Avenue.
5) Patlyn Drive and cul-de-sac from the north edge of
Ga fer Street.
(6T Patlyn Drive and Valley Drive from Gayfer Street to
Fairwood Boulevard.
(7) Ingleside Avenue from the North end of the present
pavement northerly for a distance of nine hundred feet.
(8) Tulip Terrace from Gayfer Street northerly to a
point in the center of a forty-five foot radius cul-de-dac.
(9) Satsuma Street from Laurel Street to Fig Street.
(10) Kirkman Lane from Church Street to Section Street.
(11) Francilla Circle from Kirkman Lane southwesterly to
a point in the center of a thirty seven and five tenths
foot radius cul-de-sac.
(12) Ivy Circle from Kirkman Lane southwesterly to a point
in the center of a thirty seven and five tenths foot radius
cul-de-sac.
W) Boone Lane from Ann Street to Kirkman Lane.
) Park Drive and South Patlynn Drive from the northeast
edge of the pavement on Fairwood Boulevard running easterly
and southerly to the northeast edge of the pavement on
Fairwood Boulevard.
BUSINESS AREA:
1) Magnolia Avenue from Section Street to Bancroft Street.
flBancroft Street from Fairhope Avenue to Yorphy Avenue.
Johnson Street from Section Street to Bancroft Street.
(1) The 22nd day of February, 1965, at the City Hall in the City
of Fairhope was mentioned in the foregoing Notice as the time and
place at which the Council of the City of Fairhope would meet to
hear and determine any objections or defenses that might be made to
such assessments or the amounts thereof.
(m) The following objections or defenses to the proposed assess-
ments against said property or the amounts thereof have been filed
in writing with the City Clerk or in her office or have been made
at this meeting, to -wit:
(NONE)
(n) The City Council has heard and passed upon all of said
objections and protests to said proposed assessments or the amount
thereof under the rules and regulations heretofore adopted, made,
and provided by the City Council on such cases.
SECTION 2. That the amount of the assessment against each lot
or parcel of land described and included in said assessment roll
be and the same is hereby fixed in accordance with said Improvement
Ordinance I40. 305, in the amounts of $4.00 per front foot.
SECTION 3. That it is ascertained by this Council and determined
and so adjudged, that the cost of constructing said improvements is
$ /05, ,,3GY and that the total amount assessed against all
the property by this resolution does not exceed the total cost of
said improvements, and is not in excess of the increased value of
all such property by reason of the special benefits derived from
such improvements, and that no charge assessed upon or against any
lot or parcel of land is greater than the increased value of such
property by reason of the special benefits derived from the afore-
said improvements, and that all of the lots or parcels of land so
assessed abut on the part of said streets or highways so improved,
or on a street or highway intersecting said part of said improved
streets or highways within a half a block of the streets or high-
ways so improved, and that all of the lots or parcels of land so
located are included in said assessment.
SECTION 4. That as and for the assessment each lot or tract of
land described and included in said assessment roll, there be and
hereby is fixed and ordered the respective amount and amounts fixed,
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set out and shown for each lot or parcel of land in and by the.said
"ASSESSMENT BOOK FOR LOCAL IMPROVEMENTS" as f1led with the City Clerk
on the 10th day of October, 1964 and hereinabove referred to.
SECTION 5. That all such assessments shall from this date be
and constitute a lien on the respective lots or parcels of land
upon which they are levied, superior to all other liens except those
of the State and County for taxes.
Adopted this the day of , 1965-
MAYOR
ATTEST*
CITY CLERK
Motion by Councilman Reynolds seconded by Councilman Spader that the
following Reeolution be adopted. Wpon being put to vote the
following vote was recorded. Voting for: Councilman Spader and
Councilman Reynolds, Stipes and Gaston. Against: None. Councilman
Stine abstained from voting. Motion carried.
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RESOLUTION
A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO
ASSESSMENTS FOR THE COST OF IINPROVE1,1ENTS PROVIDED BY
II+tPROVEMENT ORDINANCE NO. 316 AND ASSESSING THE COST OF
SAID IMPROVEMENTS UPON THE PROPERTY SPECIALLY BENEFITED
THEREBY.
BE IT RESOLVED BY THE CITY COU14CIL OF THE CITY OF FAIRHOPE,
ALABADIA, as follows: -
Section 1. That upon evidence duly presented to and considered
by it, the City Council does hereby make a finding and determination
of the following facts:
(a) The City Council of the City of Fairhope, Alabama, adopted
an ordinance on, to -wit, the loth day of October, 1963, entitled,
"Iii'PROVERENLT ORDINANCE 140. 316; AN ORDINANCE TO PROVIDE FOR CERTAIN
IMPROVEMENTS ON WASHINGTON DRIVE WEST IN THE CITY OF FAIRHOPE".
(b) Provision was made in said ordinance for the assessing
of the cost of said improvements against the property specially
benefited thereby.
(c) Said ordinance provided that said improvements should be
constructed in accordance with the details, drawings, plans, surveys,
specifications and estimates then ordered to be placed on file in
the office of the City Clerk W where property owners who might be
affected by said improvements could see and examine the same.
(d) Said ordinance provided that the City Council would meet
on the 28th day of October, 1963, K) at the City Hall in the City
of Fairhope, Alabama, at 7:30 O'clock P. X. to hear any objections
or remonstrances that might be made to said improvements, the manner
of making the same or the character of the materials to be used.
(e) Said ordinance was published once a week for two consecu-
tive weeks in the Fairhope Courier, a newspaper published and of
general circulation in the City of Fairhope, W the first publica-
tion being made not less than two weeks prior to the 28th day of
October, 1963.
(f) A copy of said Improvement Ordinance No. 316 was sent by
registered mail, postage prepaid, to each of the persons last assessing
for city taxation the property proposed to be assessed for said
improvements at their last known addresses, said notices having been
so mailed more than ten days prior to the 28th day of October, 1963.
(g) At a meeting of the City Council, held at the time and
place fixed in said published notice, all objections and protests
were heard and considered and said ordinance was duly confirmed,
and said improvements were finally ordered.
(h) Notice was given on the 31st day of October, 1963 and the
7th day of November, 1963, by publication in the Fairhope Courier
asking for bids upon all work and materials for the construction of
the improvements, the cost of which is hereinafter assessed, and a
satisfactory bid was received on the 11th day of November, 1963, and
the City Council of the City of Fairhope, as provided by law and said
ordinance did, on the 9th day of December, 1963, let the contract to
make such improvements to Williams and Bouler, the lowest responsible
bidder.
(1) Said improvements have been constructed, completed and
accepted in accordance with said ordinance and contract.
(j) The Mayor of the City of Fairhope has caused to be pre-
pared a roll or list showing the names of property owners, a descrip-
tion of each lot or parcel of land proposed to be assessed for such
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improvements and the amount proposed to be assessed against each of
said lots or parcels of land, and the same has been entered in a
well -bound book, which was on the 10th day of October, 1964 at least
twenty days before the date of this meeting, delivered to the City
Clerk, and continuously thereafter kept on file and open for inspec-
tion in the office of the City Clerk, the person authorized to make
collection of said assessments.
(k) The City Clerk has given the following notice by publica-
tion in the Fairhope Courier, a newspaper of general circulation in
the City of Fairhope, in the issue of January 28, 1965:
NOTICE TO PROPERTY OWNERS
Notice is hereby given that the Assessment Roll or List, prepared in
accordance with the law in such cases made and provided, under an
ordinance entitled "IMPROVEHLENTS ORDINANCE NO. 316; AN ORDINANCE TO
PROVIDE FOR CERTAIN IMPROVEMENTS ON WASHINGTON DRIVE WEST IN THE CITY
OF FAIRHOPE, ALABAMA", adopted on the 30th day of September, 1963 and
confirmed on the 28th day of October, 1963 by the City Council of the
City of Fairhope, Alabama, has been delivered to me and is open for
inspection in the office of the City Clerk of the City of Fairhope,
Alabama, the person authorized to make collections of assessments for
improvements constructed under said Ordinance, and that the City
Council of the City of Fairhope, Alabama, will meet on the 22nd day
Of February, 1965, at the City Hall in the City of Fairhope, Alabama,
at 7:30 o'clock P. M. to hear and determine any objections, protests,
or defenses that may be filed to such proposed assessments or the
amounts thereof.
The general character of the imrr ovements constructed under said
Ordinance consist of certain paving and guttering on the following:
WASHINGTON DRIVE WEST from the west edge of the existing
pavement on Washington Drive thence Westerly to the east
boundary of the proposed Right -Of -Way of Bon Secour Avenue.
(1) The 22nd day of February, 1965, at the City Hall in the
City of Fairhope was mentioned in the foregoing Notice as the time
and place at which the Council of the City of Fairhope would meet
to hear and determine any objections or defenses that might be made
to such assessments or the amounts thereof.
(m) The following objections or defenses to the proposed assess-
ments against said property or the amounts thereof have been filed in
writing with the City Clerk or in her office or have been made at
this meeting, to -wit:
(NONE)
(n) The City Council has heard adipassed upon all of said
objections and protests to said proposed assessments or the amounts
thereof under the rules and regulations heretofore adopted, made,
and provided by the City Council in such cases.
SECTION 2. That the amount of the assessment against each lot
or parcel of land described and included in said assessment roll be
and the same is hereby fixed in accordance with said Improvement
Ordinance No. 316, in the amounts of $4.00 per front foot.
SECTION 3. That it is ascertained by this Council and determined
and so adjudged, that the cost of constructing said improvements is
and that the total amount assessed against all the
property by this resolution does not exceed the total cost of said
improvements, and is not in excess of the increased value of all such
property by reason of the special benefits derived from such improve-
ments, and that no charge assessed upon or against any lot or parcel
of land is greater than the increased value of such property by reason
of the special benefits derived from the aforesaid improvements, and
that all of the lots or parcels of land so assessed abut on the part
of said streets or highways so improved, or on a street or highway
intersecting said part of said improved streets or highways within
a half a block of the streets or highways so improved, and that all
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of the lots or parcels of land so located are included in said assess-
ment.
Section 4. That as and for the assessment each lot or tract of
land described and included in said assessment roll, there be and
hereby is fixed and ordered the respective amount and amounts fixed,
set out and shown for each lot or parcel of land in and by the said
"ASSESSMENT BOOK FOR LOCAL I ,ITROVEMPNTS" as filed with the City Clerk
on the 10th day of October, 19$4 and hereinabove referred to.
Section 5. That all such assessments shall from this date be
and constitute a lien on the respective lots or parcels of land upon
which they are levied, superior to all other liens except those of
the State and County for taxes.
Adopted this the day of, 1965.
T 08
ATTEST:
PITY CLERK
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ME
Council requested opinion from City Attorney on final Resolution
on Pensacola Avenue paving.
Councilman Reynolds introduced the following Ordinance No. 335, An
Ordinance Amending Section 13, District Boundaries of Zoning Ordinance
No. 295 which was read to the meeting.
ORDINANCE No. 335
AN ORDINANCE AMENDING ZONING ORDINANCE # 295.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA.that Section 13, District Boundaries of Zoning Ordinance
No. 295 be amended as recommended by the Planning and Zoning Commission
by rezoning the following described property from R-2 to B-2:
From the section corner that is common to Section 7-8-17
and 18, T6S, R2E, U. S. Government survey in the City of
Fairhope, Baldwin County, Alabama, as a point of begin-
ning: run thence North (0 00) 2?4.35 feet to a corner
marker; run thence S 69"46E 201.1 feet to a concrete
marker on the West right-of-way of U. S.-Highway No. 98
(North Section Street; run thence S 20.00 W. along the
said West .right-of-way line of U. S. Highway 98, �82.65
feet to a bolt in the parking area; run -thence N 4 29 W
161.8' to a concrete marker; run thence W 45 31E 25 feet
to a concrete marker; run thence North 19.9 feet to an
iron pipe on the North Boundary of said Sec. 18; ruh
thence East alonggthe North Boundary of said Sec. 18; run
thence East 35.14' feet to the Section corner and the
point of beginning.
Councilman Reynolds moved that all rules governing the Council
which might, unless suspended, prevent,the passage and adoption of
Ordinance # 335 at this meeting, be and the same are hereby sus-
pended for the purpose of permitting the said Ordinance to be
finally passed and adopted at this meeting. Councilman Stipes
seconded the motion. The question was put before the Council and
on roll call the vote was as follows: Yea:/(Councilmen Spader,
Reynolds, Stipes, Gaston and Stine. Nay: None. The Yhyor declared
the motion adopted by unanimous vote of members present. Motion
by Councilman Reynolds that Ordinance No. 335, amending Section 13,
District Boundaries of Zoning Ordinance # 295, be finally passed
and adopted as introduced. Councilman Gaston seconded this motion.
The Mayor then put the question of final passage and adoption of
the said Ordinance to vote of the Council, and on roll call the
results were as follows: Yea: Councilmen Spader, Reynolds, Stipes,
Gaston and Stine. Nay: None. The Mayor then declared the Ordi-
nance finally passed and adopted by unanimous vote of the Council.
Motion by Councilman Stipes seconded by Councilman Gaston that the
following Resolution be adopted. Lotion carried unanimously.
RESOLUTION
A RESOLUTION AMENDING SECTION 15) OF THE CERTIFICATE
OF INCORPORATION OF THE INDUSTRIAL DEVELOPIV1ENT BOARD
OF THE CITY OF FAIRHOPE, ALABAMA, AUTHORIZED BY THE
CITY COUNCIL ON THE 22nd DAY OF MAY, 1961 AND DULY
RECORDED IN THE OFFICE OF THE PROBATE JUDGE OF BALDWIN
COU172Y IN BOOK 011, PAGES 441 and 442.
BE IT RESOLVED BY THE CITY COUNCIL OF THE; CITY OF FAIRHOPE,
ALABAI;A THAT SECTION (5) OF THE CERTIFICATE OF INCORPORATION OF
THE, INDUSTRIAL DEVELOPMENT BOARD OF ME; CITY OF FAIRHOPE, ALABAI'a
BE AMENDED AS FOLLOWS:
(5) The governing body of the corporation shall be a Board
of Directors, which shall consist of seven (7) members, who shall
be elected by the governing body of the City of Fairhope, Alabama,
in the manner and for the terms of office provided by law.
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Letters from Eastern Shore Chamber of Commerce Highway Committee
and the Fathope Planning and Zoning Commission were read and held
for further study.
IVIotion by Councilman Stipes seconded by Councilman Stine that Moore
Engineering Company be employed as Consulting Engineer for the City
at "W"50.00 per month. Motion carried unanimously.
Letter from American Public Gas Association was referred to IY?r.
Dyson and the City Attorney.
Council discussed complaint about insecticide from crop dusters
airplanes. Referred to City Attorney.
1-lotion by Councilman Gaston seconded by Councilman Stipes that the
meeting adjourn in unadjourned session meeton Friday, February
269 1965 at 2:30 P. M. at the City &,a . 1 Motion carried unanimously.
MAYOR
ATTEST:
CITY CLERK
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